Attempt Murder and Aggravated Battery with a Firearm
The client was arrested in 2011 and charged with Attempted Murder and Aggravated Battery with a firearm. In this case, the client was facing a minimum of 21 years due to a firearm enhancement. At the time, the client was sitting in Cook County Jail for 3 years with little to no progress being made on his case by his previous attorneys. His previous attorney told the client to plead guilty to the minimum time of 21 years.
After entering the case, Attorney DiQuattro reviewed the discovery, met with the client on several occasions at Cook County Jail and conducted a thorough investigation. Attorney DiQuattro’s review of the case revealed multiple defects and weaknesses in the State’s case. The State’s complaining witness was a convicted felon with an extensive criminal background. The complaining witness was also subsequently arrested during the pendency of the case and convicted of an unrelated crime. The State’s additional witnesses were also either convicted felons, lacked credibility or refused to come to court to testify. There also was a lack of physical evidence linking the client to the crime.
Almost a year after Attorney DiQuattro’s involvement with the case and filing a speedy trial demand, a bench trial was conducted before the Honorable Judge Gobel. Effective cross-examination revealed multiple inconsistencies in one eyewitness’s testimony that called his credibility into question. Effective cross examination further revealed another eyewitness’s inability to identify the client at the scene. The complaining witness deviated from his previous statement to police thus failing to identify the client as the person who shot him. Other witnesses failed to show up to court to testify.
After the State rested its case, the defense moved for a directed verdict of not guilty at the close of the State’s case. Judge Gobel granted the motion without hesitation and found the client not guilty on all counts.
Not Guilty at Close of the State’s Case
The client was so grateful for all the hard work and dedication that went into his case, he cried and expressed how grateful he was for attorneys who did not give up on him. The client was subsequently released and reunited with his family giving him the opportunity to rebuild his life lost to nearly 4 years of incarceration.